In Denmark, we have so-called ordinary courts and specialized courts. The ordinary courts are the City Court, the High Court and the Supreme Court. The specialized courts are the Maritime and Commercial Court, the National Tax Court and the Housing Court. Finally, there are the Arbitration Courts, which are either established ad hoc for a specific case, or are specialized courts within a specific area, such as the Arbitration Court for Construction and Civil Engineering, which decides cases concerning construction.
The main rule is that all cases must be filed in the district court, and as a rule are also heard by the district court. Cases can only be heard in the High Court as a first instance if one of the parties requests the District Court to refer the case because it is believed that the issues the judges must decide on are of a fundamental nature. If the judge in the District Court agrees that the case is a matter of principle, the case can be heard in the High Court as a first instance. A case can never start in the Supreme Court, as we in Denmark have a principle that everyone should have the opportunity to have their case heard by at least two courts, and since the Supreme Court is the highest court, the Supreme Court's decisions cannot be appealed.
In exchange for virtually all cases starting in the District Court, the parties have been given the opportunity to request that three judges participate in the case, just as there always are in the High Court, compared to normally only one judge in the District Court.
A case can only come to the Supreme Court after having been heard in at least one other court of law before. Cases that start in the High Court can always be appealed to the Supreme Court due to the two-instance principle. Cases that start in the Maritime and Commercial Court can also in most cases be appealed directly to the Supreme Court. Cases that start in the City Court can always be appealed to the High Court, but if one of the parties wishes to appeal to the Supreme Court after the City Court case has been heard in the High Court, this will require special permission from the Trial Authorization Board. The Trial Authorization Board will generally only grant permission to hear the case in third instance if the case is considered to be of a fundamental nature. This is particularly the case if the case contains issues that have not previously been heard by the Supreme Court, or if it has been many years since the Supreme Court last ruled on a similar issue, or if the outcome of the case could have a major impact on a large group of people.
In Denmark, only jurors participate in criminal cases. In criminal cases where the defendant has pleaded guilty, jurors do not participate. Jury trials are held in both the District Court and the High Court. The way it works is that the jurors and judges each decide whether they believe the defendant is guilty. If the jurors acquit the defendant, he is acquitted. However, if the jurors believe the defendant is guilty, the judges can still choose to acquit the defendant if the judges do not believe there is sufficient evidence.
The Maritime and Commercial Court primarily handles international commercial cases. For example, it is very common for two businessmen, who are domiciled in their own countries, to agree that if a dispute arises between them, the case will be decided according to Danish law by the Maritime and Commercial Court. There is no requirement that one of the parties must have a connection to Denmark.
The National Tax Court is the highest appeals court for decisions made by the tax authorities regarding, among other things, tax returns and property valuations. Both lawyers and non-lawyers participate in the decisions of the National Tax Court. The decisions of the National Tax Court can be appealed to the High Court.
Both lawyers and non-lawyers also participate in cases before the Housing Court. Cases before the Housing Court are conducted in the same way as cases before the City Court. The difference is primarily that three judges participate, two of whom are not lawyers but instead elected by landlord and tenant organizations, respectively. The Housing Court makes decisions in cases concerning the rental of housing or commercial premises.
The arbitration courts are private courts that the parties can only use if agreed upon and if the Arbitration Court believes it has the necessary qualifications to handle the case. Decisions from the Arbitration Court cannot be appealed as a general rule.
In addition to the Danish courts, there are also international courts.
The European Court of Justice in Luxembourg hears cases where EU law must be interpreted. If a Danish court has a case where there is doubt about the interpretation of an EU law, it is the European Court of Justice that decides how the EU law should be interpreted. It is the court where the case is being heard that decides whether the European Court of Justice should be consulted.
The European Court of Human Rights in Strasbourg decides whether a state has violated the European Convention on Human Rights. A case against the public sector can only be brought before the Court of Human Rights, and only after the citizen has gone through the Danish legal system and lost.
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